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(영문) 인천지방법원 2016.05.20 2016고단445
업무방해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 21, 2016, the Defendant was sentenced to two years of suspension of execution on August 29, 2016 by the Incheon District Court for the crime of fraud, interference with business affairs, etc., and the said judgment became final and conclusive on January 29, 2016.

1. On January 21, 2016, at around 16:43, the Defendant: (a) entered a 'E’ restaurant operated by the victim D' in Nam-gu Incheon Metropolitan City, Nam-gu; and (b) without any particular reason, the Defendant: (c) “scling” and “if any knife” for employees, such as F, a kitchen, and customers;

The death of a person shall be discarded when it is reported.

“Along about 50 minutes of the disturbance, such as putting the customer in drinking and drinking, thereby obstructing the victim’s restaurant business by force.

2. On January 21, 2016, at the above 'E' restaurant around 17:35, the Defendant was subject to the control by the victim H, who is the president belonging to the Seoul Southern Police Station G District, which was called out after receiving a report, at the above 'E’ restaurant, and the Defendant was subject to the control by the victim from among employees, such as the above F; and

Madern fluort, Chewing, dead, fluort bitch.

“The victim was openly insulting by means of sound.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and H;

1. Each police statement made to F and H:

1. A complaint;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history, text of judgment and summary order, investigation report (the confirmation of the date of final judgment of the Incheon District Court Decision 7957, 2015 High Court Decision);

1. Relevant Article 314 (1) of the Criminal Act and Article 314 (1) of the Criminal Act (Interference with Business, Selection of Imprisonment and Selection of Penalty) concerning the facts constituting an offense, and Article 311 of the Criminal Act (Appointment of insult and Selection of Imprisonment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: (a) the punishment that would have been sentenced where a judgment was rendered in the case of concurrent crimes with the previous conviction in which the crime of this case was committed; and (b) the latter part of Article 37 of the Criminal Act

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